What are the limits of confidentiality for minors?
As a general rule, it is recommended to respect confidentiality when caring for a minor. The need to inform parents or guardians can be assessed based on the individual's level of maturity, the risk involved, and only in the best interests of the person being cared for; also, when the individual gives their explicit consent or in other justified cases.
The consent of the minor (or their legal representative, if applicable) is essential for disclosure, but it is not sufficient. Even with permission, the professional should only disclose the information if absolutely necessary, for a benefit that outweighs the duty of confidentiality.
Confidentiality in health matters is not an absolute duty, but a relative one. The following situations may exempt one from confidentiality :
- In case of serious risk to the health or life of the child.
- In the event that the minor is a victim of a crime, neglect or abuse.
- If the professional's silence causes a very likely harm to the person being cared for.
- Possible damage to third parties, weighing the severity of the damage, its probability, the identification of potential victims, the probability that an intervention can mitigate it or failure in the use of other means other than the breach of confidentiality.